Loading...
HomeMy WebLinkAboutReso 1987-12874 18 4 RESOLUTION NO. 12874 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS OF EASEMENT FROM GARDNER INVESTMENT PROPERTIES FOR STORM DRAIN IN LOT 105 AND SEWER PURPOSES IN LOTS 106 AND 107 OF CHULA VISTA WOODS SUBDIVISION The City Council of the City of chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of chula Vista that those certain grant of easementS for storm drain in Lot 105 and sewer purposes in Lots 106 and 107 of Chula Vista woods subdivision executed by Gardner Investment Properties, copies of which are attached hereto and by this reference made a part hereof as though fully set forth herein; be and the same are hereby accepted by the City of Chula Vista. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to record said easements in the office of the San Diego County Recorder. Presented by Approved as to form by Jo~n P. L'~p' , . or of /ThOmas J' N~"rron, City Attorney ~blic works/City Engineer ~ / ~/ 2379a - ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of January 19 87 , by the following vote, to--wit: AYES: Councilmembers McCandliss~ Malcolm~ Nader~ Moore~ Cox NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci 1 members None Mayd/ o{/the City of Chula Vista ATTE~/ ___. City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, C(:lif:ornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of: RESOLUTION NO. ,/~9J~75zf ,(~nd that the same has not been amendedor repealed CIW OF CHU CC- 660 .,_. GPU,IT OF EASEMENT FOR SE~,~ER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- le~ed, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right of way for, and the right to construct, maintain, operate, replace, remove, or enlarge a sanitary sewer and appurtenant sturctures in, upon, over and across that certain real property situated in the County of San Diego, State of California, and more particularly described as follows: ' · 'SEE EXHIBIT "A" ATTACHED Together with the right to enter upon and to pass and repass over and along said easement and riqht of way and to deposit tools, implements and other materials thereo~ by said City of Chula Vista, its officers, agents, and employees and by any contractor, his agents and emoloyees engaged by said City/ whenever and wherever necessary for the ~urposes above set forth ..... . It is understood and agreed by the parties hereto that the Grantee shall inden%nify and hold the Grantor harmless against all claims for damage or suits for 10ss, including costs and attorney's fees, arising from injury to any person[s) ~r property or life, caused by or resulting from acts, or omissions by the Grantee, its successors or assigns, arising~from the construction, operation or maintenace of the aforementioned sanitary sewer or in using, operating or traveling over the land within the hereinbefore described Grant of Easement. It is further understood and agreed by the parties hereto that the aforementioned sanitary sewer and appurtenances thereto shall be constructed, placed or laid below tile grade of natural ground . WITNESS '~:;r~and this 7 day. of J~nuary , 19 87 ~GARDN~R INVES/y~T PROPERTIES NOTE:: Attach notary acknowledge-ment here. ~~/~ ~ PW-E- 51 fl _ ~ART. NER . ' .... / ;TING &ENd,AL UTILITY ~ ACCESS ~CASEI~£NT P£~ #14P I1%~ , ~ iNDicates SKW~R EASEMENT ~e~rKo C~ ~ 14"o8'~" L ~.oo' R z43. oo' EXHIBIT "A" ., l 9 ~ ~ LEGAL DESCRIPTION SEWER EASEMENT THOSE PORTIONS OF LOT 106 & 107 OF CHULA VISTA TRACT NO. 84-13 ACCORDING TO ~AP THEREOF NO. 11576 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, IN ~ CITY OF CHI/LA VISTA, COUN~ OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING THE SOUTNERLY 10.00 FEET OF SAID LOT 106 AND THE NORTHEASTERLy 10.00 FEET OF SAID LOT 107. 07863 XTRA 1-6-87 SUBORDINATION AGREEMENT WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, GP~T ~/~ERICAN FIP~T SAVISr.~ ~k~NK, a C~-lifoznnia Corporation is hereinafter known as the BENEFICIARY; and CALIFDRNI]% 62~N-F__~q;LL MDRTC~%(~ SE~q~/T('TE. INC , . is hereinafter known as the TRUSTEE as of the date of this instrument underc°z/~°r~t~ that certain deed of trust executed by C~R I~ PROPEi~I~IES to secure two note for ($9,156,000.00 ) NI~ F[IILION OM h~P~ED FIF~ SIX %/qOUSkND with interest dated May 22, 1985 and recorded May 31, 1985 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. 85-194073 AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed note, and hereby direct and authorize said TRUSTEE to join in the execution of this instrument. NOW, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of Chula Vista, the undersigned expressly subordinates all right, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. IN WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this 22nd day of Dece~nber , 1986 . AS TRUSTEE: '~BE~ I CIARY: GRE~IC3LN FIP~T SAVINGS ~%55<, C~LIF~P~NIA (~ ~DR~(~ SERVICE, I~., Cal~ Corporation a a cor~o~atiop ,~-/.~% ~ Cb~rles J. Dali'S/el, As,~t. Vice ~esident Joban R. Bla~, Vic~President Anne M. Rolli, Authorized Si~ator Di~k~une A. I~e, ~st. Vice President WPC 2435E ICorpomm STATE OF CALIFORNIA COUNTY OF_ San Dieqo } ss. On December 22, 1986 before me, the undersigned, a Notary Public in and Ior s~,id S~ate, personally appeared Chcq. rles J. Daniel , personally known to me (or proved to me on the bas~s of satlsfac~to~y, evlde.nce)? he. thf~a , t. Vlce~President, and Anne M. Rolli known to me to be Aur_norlzect Slq ~ of the corporation that executed the within Instrument, known to me Io be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my_~d and ofiScial sealN Name (Typed or Printed) OPC - 2058 (',:or poration ) STATE OF CALIFORNIA COUNTY OF San Diego SS. On December 22, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared Johrl R. Blair , personally known to me (or proved to me on the basis of satisfactory evidence) to he the Vice President, and Dianne A. Lowe known to me to beASSt- V.P. :~&;~of the corporation that executed the within Instrument, known ro me to be the persons who executed the within lnatrument on hehalf of the corporation therein named, and ~cknowledged to me that such corporation executed the within ,nstrument pursuant to its by-laws or a resolution of its board Theresa Name (Typed or Printed) OFC - 2058 GRANT OF EASEMENT - FOR DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow- ledged, the undersigned do/does hereby grant to the City of Chula Vista, in the County of San Diego, State of California, an easement and right- of-way for, and the right to construct, maintain, operate, replace, re- move, or enlarge a drain sewer and appurtenant structures in, upon, over and across that certain real property situated in the City of Chula Vista, County of San Diego, State of California, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes above set forth: WITNESS hand this day of 19__ STATE OF CALIFORNIA) COUNTY OF SAN Diego) ss Will 4nald~ardner On this day of 19 , before me, , a Notary pubtic----~n and for the said State of California, residing therein, duly com- County of San Diego, missioned and sworn, personally appeared personally known to me to be the person whose name subscribed to the within instrument, and he__duly acknowledged to me that he__ excuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ~eal, at my office in the County of San Diego, the day and year in this certificate first above written. Notary Public in and for the County' of San Diego, State of California COUNTY OF San Dieqo } On D~cember 18, 1986 ,before me, the undersigned, a Nota~/Pubtic in and for saidState, personally appeared Will Donald Gardner personally known to me {or proved to me on the basis of saris- factory evidence) to be the person that executed the within therein named and acknowledged to me that the partnership · WITNESS my hand and official seal, EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT THAT PORTION OF LOT 105 OF CHULA VISTA TRACT NO. 84-13 ACCORDING TO MAP THEREOF NO. 11576 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 105 OF SAID MAP NO. 11576; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 105, NORTH 68°11'16" WEST 67.25 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT IS ON A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 400 FEET; RADIAL LINE TO SAID CURVE BEARS SOUTH 62°29't3" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°56'23'' A DISTANCE OF 55.43 FEET TO A POINT ON SAID CURVE, RADIAL LINE TO SAID CURVE BEARS SOUTH 70°25'36'' EAST; THENCE NORTH 72"07'13" EAST 15.10 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID STRIP OF LAND (10.00 FEET WIDE) TO BE EXTENDED OR SHORTENED SO AS TO BEGIN AT THE SOUTHERLY LINE AND END AT THE NORTHEASTERLY LINE OF SAID LOT 105. MAP Af~. //~. ~A$15 OF ~A~I~ : CALIFORNIA G~ID ~EA~I~ ~TWEE~ ~ATION ~ i1~ AND STATION BD-19B ~DIN~ ~ COUNTY OF ~N DIE~ ~I~ONTA~ ~UC~F DRIVE ~~/sE 5'G~ utility ~ / GRADIhI~ ~CALE : I" · $0' '~S" ffASENIffNr /0' ~'~'/A- ~. /~/~' c. xo Land Planning * Hillside Des~n * Civil Engin~ring · Su~eying SUBORDINATION AGREEMENT WHEREAS, the owner of that certain property hereinafter described has granted to the City of Chula Vista, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way. (LEGAL DESCRIPTION OF PROPERTY IS ATTACHED) AND WHEREAS, GREAT JZMERICAN FIRST SAVINGS BANK, a California Corporation is hereinafter known as the BENEFICIARY; and CALIFORNIA GENEP&L MOR. TGAGE .SER_V~I~E~o~i is hereinafter known as the TRUSTEE as of the date of this ins~rumen~ un~er that certain deed of trust executed by GAPJDNER IkTCESTMENT PROPERTIES to secure (a~wo note(s) for ($ 9,156,000.00 ) NINE MILLION ONE NUNDRED FIFTY SIX THOUS with interest dated May 2'2, 1985 and recorded (date) MAY 31, 1985 AN[ in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument Ho. 85-194073 AND WHEREAS, the BENEFICIARY affirms that they are the owner and holder of the hereinabove described trust deed no~e, hereby direct and authorize said TRUSTEE to join in the execution of this instrument. NOW, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of Chula Vista, the undersigned expressly subordinates all right, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of Chula Vista in said easement with the intent that said easement shall be prior and superior to the lien of the deed of trust hereinabove described. IN WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this 8th., day of January , 1987 . AS TRUSTEE: XS..B !¢ARY: CALIFORNIA GENERA~MORTGA~E SERVICE, INC., GRE~AMA~CAN FIRST SAVINGS BANK, a a cQ~p~ratio~ ' I / '- ,, BY: ( ,'~/~,~,~ ~/ z~,,;"~/~ Calif~,~ .C,~ration Charles g. Daniel, Asst~ Vice President John R. ~lair, Vice President Anne M. Rolli, Authorized Signator anne A. Lowe, Asst. Vice President WPC 2435E ¢ CAT. NO. NNO0737 TICOR TITLE INSURANCE (Corporation) sai~ate, pe~on~y~eared ~/~~ per~n~ly known to me or proved to me on the b~is~ of ~tisfacto~ evidence to berg pe~on who executed the within ins~u~t as ~e ~ Pr~em~and ~ ~ ~ proved to me on the basis of satishctory e~dence to be that ~cutea t~ within instrument and ~k~ledge~ merit pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal, (Co~r~tion) '~' STATE OF CALIFORNIA * ~ COUNTYOF S~ Dieuo ss. · · · : A J~u~ 9, 1987 ~[ State, ~onally ap~ed Jo~ R. Bla~  ~ onthebasisofsalisfacto~evidenc~)tobelhe Vice ~esidenl,~d D~n~ A~ L~ ~ known ~o me to ~St. Vlce ~esident~of me co~oralion thai executed Instrument on behalf of the co~oralioa therein named, Rnd WITNESS my hand a official seal. ~eresa M. Leitch E. XHIBIT "A" LEGAL DESCRIPTION SEWER EASEMENT THOSE PORTIONS OF LOT 106 & 107 OF CHULA VISTA TRACT NO. 8q-13 ACCORDING TO MAP THEREOF NO. 11576 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING THE SOUTHERLY 10.00 FEET OF SAID LOT 106 AND THE NORTHEASTERLy 10.00 FEET OF SAID LOT 107. 07863 XTRA JY 1-6-87 EXHIBIT "A" ,, 1}il C~61v~tAI._ Ur/L/r); ~. ,aec. ESS . / . , · ~.K6£NO /00.$$ ?4./7 At' 7~~' i0'0/" ~ 174. [C'I z] 11°47' ~/'' /_ .,~o. oo' ,p ITTIT~ INO~c~r6$ $£w6R 6a$£oe/~r ~'~yrKo 2 A 14oo8'..~9· I. (.o.0o' R ~43. o0' £A $£1~ENT A£~UISITIOIV PLA 7'. IW_%I 8 A5~~5 '" ,o,', ,,,, ~,,o ,o, o,- ~,,,,~ v,s,',~ ,-~,~,- ,,o. 18~? (known to me} (or proved to me on the basis of satisfactory evidence) to be that executed the within instrument, and acknowledged to me that OFt"IC~AL SEAL ~ ~TAMMY LYNN DANIELL$~ Sllch partnership executed the same. WITNESS m y~ ndfd~o~i~ 1.~/~. ~~ : ~'~· Nota ry Pu blic-Cat~ f omia Pr,nc,pal Off,ce In San Diego' County' ' ': ~gnature t~ ~r ~ ~, ,/r)~. / .~ ~ ~ ; My C0mm Exp. Sept. 7, 1990 ** '-ro,~m ~'T'x~ie~t~' .............. ' ....... '"'""